What defence can a developer offer in respect of new developer claims now limitation periods have been extended?
Generally there are TWO potential defences a defendant may be able to raise in respect of the new limitation periods:
- if the claim has already been settled or determined; or
- the extended limitation period breaches the defendant’s rights under the Human Rights Act 1998.
In respect of a breach of a defendant’s human rights, it is difficult to see how a defendant could successfully rely on the Human Rights Act when the defects in question are fire-safety related and could potentially put the lives of anyone in or around the building in question at risk.
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